95-197 Resolution No. 95-197
RESOLUTION
ACCEPTING THE PROPOSAL OF DOME CORPORATION OF AMERICA
FOR A SALT STORAGE FACILITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, be and is
hereby authorized and directed to accept the proposal on
behalf of the City of Elgin of Dome Corporation of America for
the supply and construction of a salt storage facility, a copy
of which is attached hereto and made a part hereof by
reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: September 13, 1995
Adopted: September 13, 1995
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
Ef1131111
Agenda Item No .
September 8, 1995 ,
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Proposal for the Supply and Construction
of a Salt Storage Facility
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
single source purchase and construction of a "Domar" salt
storage facility.
•
BACKGROUND
The Public Works Departmen-: has been maintaining maximum salt
storage of about 1, 000 tons with a covered storage capacity of
about 600 tons . The remaining 400 tons of salt storage is
uncovered and subject to weather.
An average salting event will consume about 350 tons of salt.
Our ability to respond to multiple winter weather emergencies
is contingent upon timely and rapid deliveries of salt from
our supplier. On many occasions over the past years, we have
had to reduce our salting operations due to depleting salt
supplies . On two occasions in the past three years, our salt
storage was exhausted even using minimal applications.
It is not possible at this late date to prepare documents and
to solicit competitive bids for the construction of a new salt
storage facility for use during the 1995/1996 season. Given
the salt supply could be depleted again this winter season and
create emergency conditions, a proposal was, solicited from
Domar Corporation for the construction of a 108 foot diameter
dome structure on a site prepared by the City. The proposal
in the amount of $158,000 is attached as Exhibit A.
It is further estimated that site preparation will cost an
additional $80,000 . Attached as Exhibit B is a copy of a
memorandum dated August 30, 1995 which provides further
information on the required site improvements and the proposed
dome storage location.
We currently use about 5,000 tons in a winter season. It is
expected that our usage of salt will increase by about 30
percent with the availability of adequate salt storage.
Mayor and Members of
the City Council
September 8, 1995
""' Page 2
Projected City growth will add an additional 20 percent in the
next 10 years . Consequently a storage facility with a capacity
of 7 ,800 tons was selected.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The 1996 General Fund operations portion of the Five-Year
Financial Plan earmarks $225, 000 for the salt storage
facility. Funding for this accelerated project would come
from the anticipated Elgin Riverboat Fund surplus monies . The
original 1996 dollars would be reprogrammed. A budget
adjustment will be necessary.
LEGAL IMPACT
A written determination for the emergency condition and for
the selection of the particular contractor must be made by the
purchasing officer or department head.
RECOMMENDATION
That the City Council authorize the acceptance of the proposal
from Domar Corporation of America in the amount of $158, 000
for the supply and construction of a 7, 800 ton salt storage
facility.
It is further recommended that an engineer be retained to
prepare the necessary site development plan, including
compensatory storage for storm water if required.
Respectfull su 7ed,
aftc,
' James L. Kristiansen
Public Works Director
Michael A. Sarro
Purchasing Director
1 t� 6LC2.1.
Richard B. Helwig
City Manager
JLK/do
Attachments
EXHIBIT A
' Proposal dated September 1, 1993
from
Domar Corporation of America
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Fry/ b/1 yy5 '11:by 21:11/448/ MIME. CUM-) NJ PAGE 01
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►- DOME CORPORATION
OF A M E R I C A
"September 1, 1995
City of Elgin
150 Dexter court
Elgin, IL 60120
Attn: Mr. James Kristiansen
RE: Supply of poser Salt Storage Building
R-108 Model, 1081 Dia. , 101Wall
Dear Mr. Kristiansen,
Further to your inquiry, we wish to inform you that the
name "Domar" and Patents held by our company are
proprietary and do cover the proposed structure to be
built for the City of Elgin, IL.
Our patents afford us the protection of a single source
supply for use and sale of our buildings to contractors,
folk governmental bodies, and other users, while at the same
time guaranteeing the best of product quality.
Our proprietary rights and the product quality are
recognized broadly by many governments, recently to
include the City of Chicago, Lawrence, KS, and City of
chesterfield, MO- where we have been entrusted to
construct salt storage domes through price negotiations
and eventual issuance of simple purchase orders by those
cities.
Dealing directly with the supplier has assured the
clientele of fair pricing, while holding prises within the
budget in spite of inflation or sudden rise in commodity
costs. It also eliminates intermediaries mark-ups, thus
additional cost_
We would be willing to extend the same opportunity to the
City of Elgin.
This is our busy season. Should we receive a Purchase
Order from the City of Elgin, iL on or about the 15th. of
September, T am confident that we could complete the dome
by Christmas.
127 PINE STREET,P.O.BOX 1582. MONTCLAIR. NJ 07042
TEL.201/744-0440•TELEFAX.201/744-8759
t /'b5/i. 5 11:1:1 2k11/44b/5y UUML UU*' NJ PAGE 02
•
zrz
city of Elgin, IL
Pagc Two
Please let me know as to your wishes. Meanwhile, we luck
forward to being of service to your good city.
Yours very truly,
DOME CORPORAT 1 OF ERICA
Stanley S. Milic, President
SSM:jlm
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DUMB NJ PAGE 03
-rse---
to" DOME CORPORATION
p F A M E R C A
September 1, 1995
City of Elgin
150 Dexter Street
Elgin, IL 60120
Attn: Mr. Jim Christiansen
RE: Proposal for supply and construction
Dome Salt Storage Building
Capacity: 7,800 Tons
Dear Mr. Christiansen,
We are pleased to have been invited to submit this firm
price proposal for supply and construction of the 108 ft.
diameter Dome Salt Storage building erected on a 10 ft.
high reinforced concrete wall.
Dome Corporation will supply and install the following:
1. Construct the reinforced concrete foundation
ringwall, 108 ft. in diameter, 10 ft. high,
concrete strength of 40001, all in accordance
with our R-1013 plans and drawings.
2. Supply and fully erect the 1OR ft. diameter
dome structure on the above wall. Doorway
opening to be 20 ft. wide by 20 ft. high,
gambrel type.
3. Provide and install roofing underlayment- 151,
with approx. 200 squares of 25 year shingle
(240-250i)- with all perimeter and side
flashings.
•
4. Install oloctrioal panel, 100 AMP/115-120V
Breaker and Switch Box and P.V.C. wiring to
power the following mentioned items:
Four (4)- 250 Watt, High Pressure Sodium,
Corrosion-proof fixtures with all necessary
switches and wiring to -fixtures. Light
fixtures to be positioned as follows:
- Interior: One each on appropriate ring
and height of dome, 90 degroAR
to left and right of entrance,
and one at 180 degrees rrom doorway.
emk
127 PINE 31 war,P.O.SOX 1582, MONTCLAIR. NJ 0/042
TEL 201/744-0440•TELEFAX. 201/744-8759
Ll'Mt UK' NJ PAGE 04
tl7t71/17 1L: 201/44i/77
, N
e"- City of Elgin, IL
Page Two
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- Exteriors Over the canopy of entrance. .
Provide wiring and install one (1) Bayley
Type Exhaust Fan, Model J836-bU6-K With
capacity to exhaust air at the rate of 16,320
CFM. Fan shall be single phase, 2 HP, 690 RPM,
Melt-driven propeller fan. Fan shall be
corrosion resistant coated, completely enclosed,
sealed unit. Gravity shutter shall be
corrosion resistant with a HERESITE R-500
epoxy coating or approved equal.
5. Retrofit the dome for future conveyor
installation to include: Top dome compression
ring, additional bracing for conveyor support
and conveyor entry dormer.
TOTAL COST rag ALL DOVE WORK IS: $ 158,000.00
Site preparation and asphalt pad capable of DL and LL of
46001 per square foot by the city, as well as all permits.
Dome entry walls and the canopy can be extended
Outward 12 feet to accommodate a fully covered
and protected area for the salt pile and the
spreader loading (sketch enclosed) .
This option is at an additional cost of: . . _. L_.8.80O.00
We do appreciate this opportunity of being of service to
your good City and look forward to working with you.
Yours truly,
DOME C RPO T I O N I I F AME CA
i i
k•- •:::- -'.
Stanley S. Mil c, President
SSM:jlm
enclosures.
•
EXHIBIT B
Memorandum dated August 30, 1993
r
f°`' August 30, 1995
MEMORANDUM
TO: Richard B. Helwig, City Manager
FROM: James L. Kristiansen, Public Works Director
SUBJECT: Salt Storage Facility
This memorandum responds to your request to , accelerate the
installation of the proposed salt storage facility for use in
the up coming 1995/96 winter season.
In a discussion with Bill Cogley, he indicated that due to the
threat to public safety during the winter storm season (the
provision of adequate amounts of de-icing material is an
essential service) , that a negotiated purchase order for the
fabrication and erection of a salt storage facility would be
appropriate. He will be preparing an opinion to that effect
shortly.
We met with Mr. . Stanly Milic of the Domar Corporation on Friday,
August 25, 1995, to discuss our salt storage requirements .
In general, our storage needs resulted in the selection of a
"high-profile" dome with a diameter of 108 feet. The facility
would be about 65 feet in height, and would have a storage
capacity of about 6, 000 tons if filled by truck or about 7,500
tons if filled by a conveyor system.
The installed cost (on a site prepared by the City) would be
about $160,000, as follows:
1. Facility complete with a 10 foot
high foundation ring. $ 145,000
2. Modification to accept future
conveyor system. $ 8, 000
3. Electric fan and exterior
lighting. $ 7,000
Dome Construction $ 160,000
Numerous studies have been conducted by IDOT, the Tollway
Authority and the City of Chicago to name the most prominent
local agencies, which confirm that the Domar structure is the
most cost effective salt storage facility. In my previous.
employment, a generic salt storage bid specification was issued,
with Domar Corporation the low bidder by a factor of about 30
-2-
percent. Their bid corresponded exactly with their published
k price lists .
In addition to the salt facility structure itself, a site
preparation design and site preparation contract must be
completed.
The only site available to us for immediate use is the City
property immediately north and adjacent to the Public Works
complex. A rough site map is attached showing the site and the
proposed salt dome location.
The salt dome site will be located within the Fox River flood
plain, and consequently will need to be elevated by about one
foot. A small amount of compensatory storage will also need to
be provided.
Site work costs are preliminarily estimated to cost as follows:
1 . Engineering • $ 5,000
2 . Site grading and fill • 20,000
3 . Asphalt paving • 45,000
4 . Fence • 8,000
4 . Electric Service 2,000
Site Work $ 80,000
The total project is now estimated to cost about $240,000 .
I will be receiving a firm purchase order from Domar Corporation
by September 5, 1995, and together with Bill Cogley's legal
opinion, will be preparing - an agendum item for City Council 's
consideration on their meeting of September 13, 1995.
JLK:do
Attachment -
-
cc: Bob Maim
Gary Miller
Joe Evers
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AGREEMENT FORM
GENERAL
THIS AGREEMENT is made this . day of
1995, by and between the City of Elgin, Illino s, a municipal
( 1) Dome Corporation of America doing business as
(2) Dome Corporation of America , a New Jersey
corporation, and hereinafter called the Contractor.
Now therefore in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows :
Contract Documents :
The Contract Documents consist of this Agreement; Dome
Corporation of America proposal dated September 1, 1995, Payment
Bond; all Exhibits of this Agreement; and all Change Orders
issued after execution of this Agreement. These form the
Contract and all are as fully a part of the Contract as if
attached to this Agreement or repeated herein.
Scope of Work:
The contractor shall perform all work as identified in his
letter proposal dated September 1, 1995, work items 1 though 5 .
The extended door option will not be included in the scope of
work.
Completion Date:
The contractor shall endeavor, and make his best effort, to
complete the project by December 22, 1995 .
Insurance:
The contractor shall not commence work under this contract until
they have obtained all insurance under this paragraph, and have
filed with the City certificates of insurance executed by the
respective companies . The Contractor shall furnish Workman's
Compensation Insurance (STATUTORY) ; Property Damage and Public
Liability Insurance in the amounts of $300, 000 and $500,000
respectively; and Comprehensive Automobile and General Body
Injury Liability with limits of $300,000 and $500,000
respectively. The City of Elgin shall be specifically named as
an "Additional Insured" on the above policies .
The contractor agrees that any claims against the contractor
and/or the City shall be properly forwarded to the contractor' s
insurance company for their appropriate resolution of said
claims . Unresolved claims may affect/delay final payment.
-2-
Labor and Material Payment Bond:
The contractor simultaneously with the execution of the
Agreement, shall furnish a Labor and Material Payment Bond, in
an amount equal to 100 percent of the Contract Price. The Bond
shall be secured from a surety company acceptable to the Owner
and shall be in a form acceptable to the Owner. Example form of
the Bond is attached hereto.
Prevailing Wage Rate:
All work under this contract shall comply with the Prevailing
Wage Rate Act of the State of Illinois, Illinois Revised
Statutes, as amended (including Public Act 86-799) . A copy of
the Prevailing Wage Rate is posted in the City of Elgin
Purchasing Office.
NonDiscrimination in Employment:
Contract work under this proposal will obligate the contractors
and subcontractors not to discriminate in employment practices,
as per Section 3 . 12 . 100 of Elgin Municipal Code.
Contract Price:
The Owner will pay the Contractor in current funds for the
performance of the Work, subject to additions and deductions by
Change Order, the Total Contract Price of One Hundred Fifty
Eight Thousand Dollars ( $158,000 . 00) .
Payments :
The Owner will make payments periodic progress payments as
approved the the Owner.
Retainage:
The Owner shall retain no less than ten percent ( 10%) of the
amount of each payment until final completion and acceptance of
all work covered by the Agreement. In the event of any conflict
between the terms of this paragraph and the ordinances of the
Owner, the terms of said ordinances shall take precedence.
-3-
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
9
Contractor 'el 'ORPO• .!ION 0.1 AME•14A
(SEAL)
By
Stanley S. Mills
Attest (' `` 1, }i'ky Title President
Owner
(SEAL)
By 4Lc
c".■,Attest Title
DOME CORPORATION
O F A M E R I C A 1 - 1 995 '
-17
September 1 , 1995
Y E A R S O F
1' EXCELLENCE
City of Elgin D2a2n Z'3rinz�rzltiof!'
150 Dexter Street 1)l'A,1JRTizsi
Elgin, IL 60120
Attn: Mr. James Kristiansen
RE: Proposal for supply and construction
Dome Salt Storage Building
Capacity: 7 , 800 Tons
Dear Mr. Kristiansen,
We are pleased to have been invited to submit this firm
price proposal for supply and construction of the 108 ft.
diameter Dome Salt Storage building erected on a 10 ft.
high reinforced concrete wall .
Dome Corporation will supply and install the following:
1 . Construct the reinforced concrete foundation
ringwall , 108 ft. in diameter, 10 ft. high,
concrete strength of 4000# , all in accordance
with our R-108 plans and drawings .
2. Supply and fully erect the 108 ft. diameter
dome structure on the above wall . Doorway
opening to be 20 ft. wide by 20 ft. high,
gambrel type.
3 . Provide and install roofing underlayment- 15# ,
with approx. 200 squares of 25 year shingle
( 240-250#)- with all perimeter and side
flashings.
4 . Install electrical panel , 100 AMP/115-120V
Breaker and Switch Box and P.V.C. wiring to
power the following mentioned items:
Four (4)- 250 Watt, High Pressure Sodium,
corrosion-proof fixtures with all necessary
switches and wiring to fixtures. Light
fixtures to be positioned as follows:
- Interior: One each on appropriate ring
and height of dome, 90 degrees
to left and right of entrance,
and one at 180 degrees from doorway.
127 PINE STREET, P.O. BOX 1582, MONTCLAIR, NJ 07042
TEL. 201/744-0440 • TELEFAX. 201/744-8759
City of Elgin, IL
Page Two
- Exterior: Over the canopy of entrance.
Provide wiring and install one (1) Bayley
Type Exhaust Fan, Model JB36-6U6-K with
capacity to exhaust air at the rate of 16 , 320
CFM. Fan shall be single phase, 2 HP, 690 RPM,
Belt-driven propeller fan. Fan shall be
corrosion resistant coated, completely enclosed,
sealed unit. Gravity shutter shall be
corrosion resistant with a HERESITE R-500
epoxy coating or approved equal.
5. Retrofit the dome for future conveyor
installation to include: Top dome compression
ring, additional bracing for conveyor support
and conveyor entry dormer.
TOTAL COST FOR ALL ABOVE WORK IS: $ 158,000.00
Site preparation and asphalt pad capable of DL and LL of
4600# per square foot by the city, as well as all permits.
Extended Door Option
Dome entry walls a the ca •py can be extended
outward 12 feet to a ommo• .te a fully covered
and protected area for he salt pile and the
spreader loading (sketc -nclosed) .
This option is at an :dditio . 1 cost of: $ 8,800.00
We do appreciate t is opportunity of being of service to
your good City and look forward to working with you.
Yours truly,
DOME CORPORATION ,OF AMERCA
_4
i -
.\ -k , tt - vi .--'•---t. 'v--C"'.
Stanley S. Milic, President
SSM: jlm
enclosures.
f�-r-y. t -{ -.�.•
DOME CORPORATION
OF A M E R I C A
September 1 , 1995 �S � �'u Li
•City of Elgin SEP O
150 Dexter Court
Elgin, IL 60120 CITY OF ELGIN
Attn: Mr. James Kristiansen ENG)NEERING DEPT.
RE: Supply of Domar Salt Storage Building
R-108 Model, 108' Dia. , 10'Wall
Dear Mr. Kristiansen,
Further to your inquiry, we wish to inform you that the
name "Domar" and Patents held by our company are
proprietary and do cover the proposed structure to be
built for the City of Elgin, IL.
Our patents afford us the protection of a single source
supply for use and sale of our buildings to contractors,
governmental bodies, and other users, while at the same
time guaranteeing the best of product quality.
Our proprietary rights and the product quality are
recognized broadly by many governments, recently to
include the City of Chicago, Lawrence, KS, and City of
Chesterfield, MO- where we have been entrusted to
construct salt storage domes through price negotiations
and eventual issuance of simple purchase orders by those
cities.
Dealing directly with the supplier has assured the
clientele of fair pricing, while holding prices within the
budget in spite of inflation or sudden rise in commodity
costs. It also eliminates intermediaries mark-ups, thus
additional cost.
We would be willing to extend the same opportunity to the
City of Elgin.
This is our busy season. Should we receive a Purchase
Order from the City of Elgin, IL on or about the 15th. of
September, I am confident that we could complete the dome
by Christmas.
127 PINE STREET, P.O. BOX 1582, MONTCLAIR, NJ 07042
TEL. 201/744-0440 • TELEFAX. 201/744-8759
tk
/ r r
City of Elgin, IL
Page Two
Please let me know as to your wishes. Meanwhile, we look
forward to being of service to your good City.
Yours very truly,
DOME CORPORAT OF MERICA
c„,___t_9411J Ikkie_)
Stanley S. Milic, President
SSM: jlm
CITY OF ELGIN
EQUAL EMPLOYMENT
WRITTEN COMMITMENT GUIDELINE
The written commitment required in Item #4 of the "Bidder' s
Employee Utilization Form" shall:
1. Set out the name and phone number of the bidder's
Affirmative Action Officer.
2. Clearly identify the bidder's recruitment area and the
percentage of minority and females in the area' s population
and labor force.
3. Set out what the bidder has done and has set as a goal to be
done to recruit minority and female employees .
4 . Set out the bidder's specific goals to recruit minorities
and females for training programs or other similar
opportunities available through the bidder's organization. •
5. Indicate bidder's consent to submit to the City of Elgin
upon request, statistical data concerning its employee
composition and recruitment efforts anytime during the term
of the contract.
6. Show bidder's consent to distribute copies of the written
commitment to all persons who participate in recruitment,
screening, referral, selection and hiring of job applicants
for the bidder.
7 . Clearly show that the bidder shall require all
subcontractors, if any, to submit a written commitment
meeting the above requirements of their affirmative action
plan to the City of Elgin.
8. Clearly state the the bidder agrees that:
"Bidder (company name) shall not discriminate against any
employee or applicant because of race, color, religion, sex,
ancestry, age, national origin, place of birth, or
disability (physical or mental) which will not interfere
with the performance of the job in question.
Rev. 9/1/93
CITY OF ELGIN, ILLINOIS
AFFIRMATIVE ACTION/CERTIFICATION REQUIREMENTS
Please submit the completed and signed forms along with your
proposal . No proposal will be accepted without this information.
A. To assure compliance with the City of Elgin's Affirmative
Action Ordinance, all contractors and vendors, herein referred
to as "bidders" , are requested to submit the following
information:
1 . Workforce Analysis using the enclosed Bidder' s Employee
Utilization form.
2 . Provide the information required by Item #3 on the
employee utilization form if the answer to Question 2 on
the form is "yes" .
3. Provide a written commitment outlining the steps that the
bidder plans to take in the area of recruitment and
promotion of minorities and females to assure equal
employment opportunity. (A copy of the bidder's
affirmative action plan may be submitted in lieu of this
requirement. )
B. The undersigned certifies that the offerer is not delinquent
in the payment of any tax administered by the Illinois
Department of Revenue unless there is a pending proceeding
contesting the tax.
C. The undersigned certifies that the offerer is not barred from
offering on this solicitation as a result of a conviction for
the violation of State law prohibiting bid-rigging or bid
rotating.
D. The successful Bidder agrees that upon acceptance by the City,
the executed Invitation to Bid along with all instructions,
conditions, and specifications attached thereto cons-ti ute a
binding contract which may be enforced by the C ty. . /
i
Signature/Title �,��
Stanley S. Mili , President
Company Name Dome Corporation of America
127 Pine St, P.O. Box 1540
Address Montclair, NJ 07042
Phone Number 201-744-0440
FEIN No. 22-2201968
*,--- n /1n/nn
BIDDER'S EMPLOYEE UTILIZATION FORM
This report is required by the City of Elgin and shall be
submitted before the contract can be awarded.
Chapter 3.12.1000 Affirmative Action — City Contracts
1. Name and Address of Bidder Description of Project
Dome Corporation of America Supply & Construction Dome
12/ Pine Street Salt gtnrarga Pvilaity
P.O. Box 1540
Montclair, NJ 07042
Total American
JOB CATEGORIES Employees Blacks Hispanics Asians Indian Other Minority Female
if ' t N ' ? ii _ l it T Y F Y F I I
)fficials (Mgrs.) 1 ,1 , 0 0
supervisors _ 1 , 1 0 (1
Clerical 3 1 2 33 100
Carpenters 4 4 0 0
Laborers 12 12_ 0 0
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. , _ . , 4
4
■
TOT 2i / 1 20 33% 100% ,
S jnit&s . �1 and t i <!/`� Telephone No. Date Sped 1 � 1
L�_a.. A A As. 201-744-0440 9/22/95 —�—
Stari-ey Millc, P e ldent
E. Have -you eve been awarded a bid by the City of Elgin?
IMII YES rim NO
B. If the answer to #2 is yea. please submit a copy of the
Employee Utilization Form that was submitted with your
last suocessful bid along with a fully completed copy of
this form.
4. If the statistical data provided above shows under–
utilization of minority and/or female. please submit.
according to the guideline provided in the attached
document. a written commitment to provide equal
employment opportunity.
NOTE: In the event that a contractor or vendor, etc. fails to
comply with the fair employment and affirmative
action rovisions of the City of Elgin. the City
amongst other actions May cancel. terminate or
suspend the contract in whole or in part.
Sexual Harassment--Policies and Programs
Effective July 1, 1993, every party to any contract with the
City of Elgin and every eligible bidder is required to have
written sexual harassment policies that include, at a minimum,
the following information:
(i) the illegality of sexual harassment;
(ii) the definition of sexual harassment under state law;
(iii) a description of sexual harassment, utilizing examples;
(iv) the vendor's internal complaint process including
penalties;
(v) the legal recourse, investigative and complaint process
available through the Illinois Department of Human
Rights, and the Illinois Human Rights Commission;
(vi) directions on how to contact the department and
commission;
(vii) protection against retaliation as provided by Section
6-101 of the Human Rights Act.
A copy of the policies must be provided to the Department of
Human Rights upon request. P.A. 87-1257.
Sexual harassment is defined as follows:
"Sexual harassment" means any unwelcome sexual
advances or requests for sexual favors or any
conduct of a sexual nature when ( 1) submission to
such conduct is made either explicitly or
implicitly a term or condition of an individual's
employment, (2) submission to or rejection of such
conduct by an individual is used as the basis for
employment decisions affecting such individual, or
(3) such conduct has the purpose or effect of
substantially interfering with an individual's work
performance or creating an intimidating, hostile or
offensive working environment.
Any questions by contracting parties or eligible bidders
concerning compliance with these requirements should be
directed to the Illinois Department of Human Rights.
Bond No. US00104682
'I► 11 . 4 - : ��I4 ..1' . . ► S - y ■11 ; 10 . 1r
THIS INSTRUMENT WITNESSETH: That we Dome_Co roration of Nnerica
a corporation organized under the laws of the
State of New Jersey and regularly authorized to do
business in the State of New Jersey as Principal , and
We United States Fire Insurance Conpany a corporation
organized under the laws of the State of New York
and regularly authorized to do business in the State of _Illinois
as Surety, are held and firmly bound unto the City of Elgin, Illinois
hereinafter called the Owner in accordance with a Contract hereinafter referred_
to in the sum of One Hundred Fifty Eight Thousand and No/100 Dollars
J$i58,000.00 ) lawful money of the United States, well and
11 truly to be paid unto tie said Owner, for the payment of which we bind
ourselves, our heirs, executors, administrators, successors and assignees,
jointly and severally, firmly by these presents.
WHEREAS the said principal has entered into a written contract with the Owner
dated September 22, 1995 for work designated as
1992 Water Distribution System Improvements, Summit Street and Shales Parkway,
Elgin, Illinois In conformity with Contract Documents hereby referred to and
made a part hereof, the same to all intents and purposes as if written at
length herein, in which Contract the said Principal has contracted to perform
11 the work specified in said Contract in accordance with the terms thereof;
HOW, THEREFORE, the condition of this obligation is such that if the Principal
shall faithfully satisfy all claims and demands incurred by the Principal of
said Contract, and shall pay all obligations arising thereunder, and shall
fully indemnify and save harmless the Owner from all cost, fees, and damage
which the Owner might suffer by reason of the failure of the Principal to do
so, and shall fully reimburse and repay to the Owner all costs, damages,
expenses, and fees which the Owner may incur in making good any default by the
Principal, and shall promptly make payment of prevailing wages to all persons
I supplying labor, equipment or materials for use in the prosecution of the work,
whether by subcontractor or otherwise, and including all insurance premiums on
said work as provided for in such Contract, then this obligation shall be null
and void; otherwise It shall remain in full force and effect.
(1) Contractor
(2) Sole Proprietor, Partnership or Corporation
(3) State in which project is located
(4) Surety - IMPORTANT - Surety companies executing BONDS must hold
P certificates of authority as acceptable sureties (31CFR223)
and be authorized to transact business in the state where the
project is located.
(6) 100 percent of the Contract
p
E04032.SPSS 00620-1
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In addition, the Principal and Surety, jointly and severally, expressly agree
to hold harmless and indemnify the Owner from any liens, claims, demands, suits
or obligations, including, but not limited to attorney's fees, in conjunction
with materials or services provided with respect to this Contract. This bond
shall remain in effect for a period of one year from the date of final
acceptance.
The Owner may sue on this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract
or to the Work to be performed thereunder or the Contract Documents
accompanying the same shall in any way affect its obligations on this Bond, and
it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract or to the Work or to the Contract
Documents.
PROVIDED, FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in several counterparts, each
one of which shall be deemed an original , this the 22nd day of -. - -. ,
1995.
(SEAL) Dome ".-.ration ••f ica
OW ttest 6y •�NES I"
anley S. Mil c
..� �_ :_..11t Ail Title
President
1
(S) )
Ufit-. States Fire In urance Company
Attest By �, , II ;•
(Attorney in Fact)
Laura N. Collins
(1) Contractor
(2) Surety
END OF SECTION
00620-2
UNITED STATES FIRE INSURANCE COMPANY
NEW YORK, NEW YORK
STATEMENT AS OF DECEMBER 31, 1994
ASSETS LIABILITIES AND SURPLUS
Bonds $1,970,782,834 Losses and
Stocks: Adjustment
Preferred 1 Expenses $1,732,137,991
Common 53,942.435 53,942,436 Taxes and
Real Estate 73,777,621 Expenses 50,225,339
Cash and Bank Unearned
Deposits 8,098,085 Premiums 305,105,772
Short Term Other Liabilities 141,656,211
Investments 155,087,837 Capital $4,586,262
Premium Balances Paid in and
Receivable 252,228,261 Contributed
Equities and Deposits Surplus 496,522,972
in Pools and Other Surplus 144,464,435
Associations 9,739,883 Surplus to
Other Assets 351,042,025 Policyholders 645,573,669
Total Admitted Assets 2,874,698,982 Total Liabilities and Surplus 2,874,698,982
Bonds and Stocks are valued in accordance with the basis adopted by the National
Association of Insurance Commissioners.
STATE OF NEW JERSEY
SS:
COUNTY OF MORRIS
DENNIS J.HAMMER,Senior Vice President &Controller and RICHARD A.ANNESE, Vice
President of the United States Fire Insurance Company being duly sworn,each for himself deposes and says that they
are the above described officers of the said Company and that on the 31st day of December, 1994 the Company was
actually possessed of the assets set forth in the foregoing statement and that such assets were available for the
payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore
indicated,and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on
the 31st day of December, 1994 according to the best of their information,knowledge and belief,respectively.
Corporation's
Seal
7710,'2•21-o•o-7-1---C/.--
Senior Vice P esident & Controller
Sworn to and Subscribed before me this
28th day of March, 1995. f�
Vice President
DAWN M.SIEBENS
NOTARY PUBLIC OF NEW JERSEY Notarial
Seal
MY COMMISSION EXPIRES JULY 25,1998
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE,NEW YORK,N.Y.
KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY a
Corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in
the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute
and appoint Robert A. Nicosia, Margaret A. Nicosia, Michelle Nicosia, Laura N. Collins, Lisa V. Kenny, Kimberly
M. D'Ascoli, Cathy M. Glavin, and Megan McDaniel of Lyndhurst,New Jersey,each
1
its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place
and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings-
and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and
acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their
own proper persons.
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,
and they have no authority to bind the Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the United States Fire Insurance Company has caused these presents to be signed and attested
by its appropriate officers and its corporate seal hereunto affixed this 26th day of July, 1995.
is `°F, Attest: ' • STATES FIRE S CE COMPANY
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il'--- - ib--'s=- .7: — - - -,- • • — ,44.41,4 fle . /../ppt.hf_____________
.., _.` . sistant Secretary Vi e President
'''%-4:',.`;'.V0 -Charles R. Van Buskirk Richard A. Annese
STATE OF NEW JERSEY)
ss.:
COUNTY OF MORRIS )
On this 26th day of July, 1995,before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the
above-mentioned Vice President and Assistant Secretary of United States Fire Insurance Company, to me personally
known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution
of the s g,, peing by me duly sworn, deposed and said, that they are the officers of said Company aforesaid,and that
the wit ' vreceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their
sits.. ,,.": Irtilleg, e duly affixed and subscribed to the said instrument by the authority and direction of the said
o
tOTAR), '"".°
$1 11STINifittY WHt)F, I have hereunto set my hand and affixe my seal at the Township of Moms, the day and
tear rstab;ti&ittti. /_^
'% �.�: DEBORAH M. GRECO n Cl�
(Si ';'",,,,n,,"';" ��`� NOTARY PUBLIC OF NEW JERSEY A /l l . ,
(Seal) ;;��E; ��`� MY COMMISSION EXPIRES JULY 11,1999 Notary Public
This Power of Attorney is granted pursuant to Article IV of the By-Laws of the UNITED STATES FIRE INSiJF£ANCE-
COMPANY as now in full force and effect.
ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice-Chairman of the Board, President, or any
Vice-President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or
an Assistant Secretary, shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any
contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting
the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of
attorney, stipulations,policies of insurance, deeds, leases, mortgages,releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding
paragraph(a), including affixing the seal of the Corporation."
This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the
UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect.
ARTICLE III Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any
bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney
and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced. . .
The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who
shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at
the time when such instruments shall be issued."
•
CERTIFICATE
State of New Jersey
County of Morris
I, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY
that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore
that the above quoted abstracts of Article N and Article III, Section 9 of the By-Laws of the Corporation are now in full
force and effect.
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company,this
22nd day of September , 19 95
By -14-$1,.9...-
Assistant Secretary
Herbert H. Linder